Agmt 2019 MLA for Small Cell Pole Attachment

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review and approval process; and (ii) for any other Nonstandard City Pole that is historic or decorative, the City has the right the absolute right in its sole discretion to deny for any reason an application for a Pole License solely on aesthetic grounds to the extent permitted by Laws. 2.1.5 Exclusions. Licensee acknowledges that the City will not license any of the following to Licensee for any purpose: (i) Nonstandard City Poles that are concrete; (ii) electrical wires servicing City Poles; and (iii) a City Pole that the City has already licensed to a third party. Notwithstanding the preceding sentence, City may approve, in its sole discretion, a Pole License that allows the replacement of a concrete Nonstandard City Pole with a Standard City Pole or Integrated Pole at Licensee's sole cost and expense, subject to the City's prior approval of plans, specifications, cost estimates, materials, and acceptance of completed improvements. 2.2 No Property Interest in License Area or City Poles. 2.2.1 Limited Interest. Licensee acknowledges and agrees that neither this Master License nor any Pole License issued under it creates a lease, possessory interest, easement, franchise, or any other real property interest in any part of the License Area. Licensee further acknowledges and agrees that in the absence of a fully executed Pole License, Licensee does not have the right to use any City Pole for any purpose. 2.2.2 Limited Rights. Pole Licenses that the City issues under this Master License grant to Licensee only a nonpossessory, revocable license to enter onto and use the License Area for the Permitted Use, which means that: (a) the City retains possession and control of all License Areas and City Poles for City operations, which will at all times be superior to Licensee's interest; (b) the City may terminate a Pole License in whole or in part at any time, but only in accordance with this Master License; (c) except as specifically provided otherwise in this Master License, this Master License does not limit, restrict, or prohibit the City from entering into agreements with third parties regarding the use of other City facilities, including City Poles or other City Property in the vicinity of any License Area; (d) neither this Master License nor any Pole License creates a partnership or joint venture between the City and Licensee; and (e) Licensee has no ownership or property right in any Pole whatsoever. 2.2.3 No Impediment to Municipal Use. Except as limited in this Master License, neither this Master License nor any Pole License limits, alters, or waives the City's right to use any part of the License Area as infrastructure established and maintained for the benefit of the City, and for such purpose, City may require Licensee to relocate its equipment and facilities at Licensee's sole expense pursuant to Section 27.3.4 of this Master License. 2.3 Signs and Advertising. Licensee agrees that its rights under Pole Licenses do not authorize Licensee to erect or maintain, or permit to be erected or maintained by anyone under Licensee's control, any signs (except as provided in Section 7.1.2 (Identification of Licensee's Equipment)), notices, graphics, or advertising of any kind on any part of the License Area. 2